Tisdale v Cumberland City Council (No 2) [2022] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tisdale v Cumberland City Council (No 2) [2022] NSWCATAP 132 Hearing dates: 26 November 2021 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member Emeritus Prof G Walker, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – Access to government information – Review of decision to refuse access – Agency relying upon confidential evidence not disclosed to the applicant – Procedural fairness – Government Information (Public Access) Act section 107 – Not inconsistent with requirements of procedural fairness for Tribunal to act on basis of confidential evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Black v Hunter New England Local Health District [2011] NSWADT 295 Brazel v Sydney Water Corporation [2021] NSWCATAP 13 Collins v Urban [2014] NSWCATAP 17 Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11 House v R [1936] HCA 40; (1936) 55 CLR 499 Lauron v Michael [2021] NSWCATAP 120 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 McKean v Department of Justice [2016] NSWCATAP 93 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Saul & Anor v Commissioner for Fair Trading [2017] NSWCATAD 91 Tisdale v Cumberland City Council [2021] NSWCATAD 132 Yuen v Thom [2016] NSWCATAP 243 Category: Principal judgment Parties: Terry Tisdale (Appellant) Cumberland City Council (Respondent) Representation: Solicitors: Applicant self-represented Pikes & Verekers Lawyers (Respondent) File Number(s): 2021/00167113 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 132 Date of Decision: 21 May 2021 Before: S Montgomery, Senior Member File Number(s): 2020/00226816; 2020/00224009